Derogation Of Human Rights Of Minority Regions In Emergency

The state of emergency is an important issue in modern democratic constitu-tional countries, and most countries have established relatively complete institution of emergency. Emergency Law in China started late, the2004amendment to the Constitution used "emergency" instead of "martial law". In recent years,frequent occurrence of emergencies in China·s frontier regions seriously threatened the stability and development of border areas. This paper investigated derogation and protection of human rights in the mionrity areas in emergencies,explored the theory and practice of derogation of human rights in emergencies from constitutional perspective, trying to improve our Emergency ResponseLaw. Therefore, system building is the stance of this paper, and regulation of derogation of human rights in emergencies by law is the central propostion.This paper is composed of a introduction and the text, which includes fourchapters.Chapter One is the analysis of concepts of emergencies in mionrity areas, whichanalyses the development of the concept of emergency in the west, sums up itscontent, features, substantive and procedural aspects. Then, chapter one proposes thereconstruction of the concept of emergency in China as a result of enforcement ofEmergency Response Law. That·s to say, emergency in China should be moderateemergency, not including war and general mobilization.Chapter Two is the theory of derogation of human rights in mionrity areas.Value analysis is the method of this part, and it interpretates theory of derogation ofhuman rights, its legitimacy and principles. That·s to say, derogation of human rightsin emergencies is not absolute and must comply with the minimum standards ofnecessity and respect for humanity. In order to prevent abuse of derogation of humanrights, we must make sure that administrative power is strcitly supervised. At last,chapter two investigates remedy system for derogation of human rights.Chapter Three is the analysis of legal operation of derogation of human rights inemergencies in minority aeras. With the method of positive jurisprudence, the author points out that current measures to solve emergencies are not effective enough.That·s to say, with regards to the incident occurred in the frontier regions in recentyears, especially the applicance of laws and regulations in emergencies, our countrymainly uses various contingency plans, which act as administrative regulations. Dueto the lack of support of the higher law, the Emergency Response Law can·t plays animportant role in major emergencies. Thus, the authorities can only use thelower-rank law to deal with emergencies, which results in a lot of administrativecommands plays an important role in the response to emergencies. And, our legalsystem lacks of statutory standards of derogation of human rights.Chapter Four is the analysis of construction and improvement of human rightsprotection system in minority aeras. This part analyses disadvantages of currentemergency legislation in China in the central and local level, points out the lack ofprovisions in the constitutional level of the connotation, announcing procedures ofemergency and derogation of human rights; insufficient coordination between theEmergency Response Law and administrative regulations; the lack of autonomousregulations in minority aeras in emergencies. Thus, autonomous regions should makefull use of autonomous power and give full play to creativity of secondary legislation.With regards to terrorist activities, the main increase in the cruelty of harms ways,the impact of expanding the scope of social security incidents, autonomous regionsshould establish early warning system, which should regulate grading procedures,authority and responsibility of the disposal. Finally, the authority should makeperiodic revision of plans to develop, improve and gradually establish incidentassessment mechanism.Last but not the least, the paper re-emphasizes the highlighted values ofemergency in minority aeras. And the paper gives some conclusions. In order tobuild a country of rule of law and human rights protection, we should comply withfour principles, that·s to say, the principle of power level, the principle of remedy ofprocedures, the principle of democratic supervision, and the principle of goodgovernance of society.